Employment Rights and the Disability Discrimination Act
Employment rights prevent unfair treatment in the workplace. All employees and job applicants have the right to feel safe in an office or other work environment. But disability discrimination is still a part of American society. The EEOC and the American with Disabilities Act work in tandem to end discrimination.
The purpose of employment rights is fair treatment for all individuals in the workplace. In 1964, the Equal Employment Opportunity Commission or EEOC was established. This government agency establishes laws, rules and polices to prevent discrimination in the workplace.
What is the ADA?
The Americans with Disabilities Act is a law designed to protect the rights of people with disabilities. These disabilities include physical, mental and developmental disabilities. The ADA makes it illegal for companies to discriminate against those with disabilities. All individuals are to be judged based solely on their qualifications for a job and nothing more. It is illegal to ask questions about a visible disability (blindness, deafness or paralysis) or an invisible disability (mental illness, learning disability.)
What the EEOC Does
When a disabled person feels a company has discriminated against him or did not treat him fairly during the application process, he files a complaint with the EEOC. There are EEOC offices all over the country. After placing a call to the EECO office serving a person’s state or residence, the regional EEOC office sends the individual paperwork to fill out. These papers detail the nature of the complaint. Once the EEOC receives this paperwork, the agency begins an investigation. This investigation can take up to 180 days or longer. During this time, the EEOC tries to resolve the complaint, using mediation if possible. In some cases, if the complaint is egregious enough, the EEOC files a civil lawsuit against the offending company on behalf of the disabled person. Any violation of the Americans with Disabilities Act is illegal.
The EEOC and the ADA both promote fair hiring practices so that all people, regardless of physical, mental or developmental challenges, can enter the workforce, support themselves and contribute to society.